Expropriation for Public Purposes in Morocco: Procedure, Compensation and Appeals in 2026

The procedure begins with a declaration of public purpose issued in the regulatory form applicable to the project. This instrument is published in the Official Gazette and is subject to the local publicity measures prescribed by Law 7-81 and its implementing decree. The file is lodged with the relevant administrative departments so that interested parties may inspect the plan and submit their observations. Article 6 provides, in particular, for an administrative inquiry lasting two months. Inconspicuous or incomplete posting does not replace the statutory formalities.

The declaration of public purpose may define a general area without immediately identifying each plot. A transferability order is then issued to identify precisely the immovable properties required for the project. Under Article 7 of Law 7-81, this designation must take place within two years following publication of the declaration where the properties have not already been identified. The transferability order is itself subject to publicity requirements. Contrary to information sometimes repeated online, Moroccan law does not provide for the declaration to have a general ten-year period of validity comparable to certain foreign regimes.

The transferability order must make it possible to identify the plots, their land-registration references and the persons who may hold rights in them. Its validity for commencing the judicial phase is limited to two years by Article 9 of Law 7-81. If the expropriating authority does not refer the matter to the court within this period, expropriation can normally no longer be ordered on the basis of that expired instrument. A new administrative procedure then becomes necessary. Verifying the publication dates should therefore be one of the first steps taken.

During the inquiry, the owner should submit written observations and retain a receipt. The owner may report an error in the surface area, an incorrect cadastral reference, or the existence of a house, lease, plantations or commercial activity. For registered property, the status should be checked with the ANCFCC. For unregistered melk property, adoul deeds, administrative certificates and succession documents must be gathered. Some owners discover the project at a late stage; however, lawful publication may start an appeal period running even if no letter was received at their home address.

The calculation rules are set out primarily in Article 24 of Law 7-81, and not in Article 36 as some summaries indicate. Compensation covers only actual and certain loss directly caused by the expropriation. The value is assessed as at the date of the decision ordering the transfer, but is capped at the value held by the property on the date of publication of the transferability order or of the declaration directly designating the properties. Speculative improvements made after publication may be disregarded.

The court determines the property's actual value based on its location, surface area, use, planning status, access, utilities and comparable transactions. Land classified as agricultural is not automatically valued as development land, even if buildings exist nearby. Conversely, the administrative authority cannot apply an agricultural price if the planning documents and objective characteristics establish that the land had development potential before the project. The zoning applicable on the reference date must be submitted in the case file.

Any increase in value created by the announcement of the public project is disregarded. For example, the owner of a plot near a future railway station cannot claim the increase in value arising solely from that station. Likewise, any artificial decrease caused by the same project must not be held against the owner. This rule prevents the administrative authority from benefiting from a depreciation it created itself. A chronological analysis of comparable sales is therefore crucial: transactions occurring too long after the project was announced may be less relevant.

Separate losses may be added to the value of the land and buildings where they are proven. They may include the loss of crops, plantations, the relocation of equipment, the interruption of a business operation, the loss in value of a remaining parcel or the rights of an occupant holding an enforceable title. Business assets are not compensated solely on the basis of an oral statement: balance sheets, tax returns, the commercial lease, authorisations and previous turnover must demonstrate the existence and extent of the loss.

The court may order an adversarial real-estate appraisal. The expert inspects the property, examines the title documents and proposes a value; the expert does not deliver the judgment. The owner must provide the expert with a comparison file containing recent sales, their land-registration references, the development plan and the physical characteristics of the land. If the report overlooks decisive factors, written observations may be filed and a supplementary appraisal or counter-appraisal may be requested. The court remains free to adopt or reject the expert's technical findings.

Two types of proceedings must be distinguished. An application for annulment challenges the legality of an administrative act, such as a declaration of public utility issued by an authority lacking jurisdiction, defective publication or misuse of powers. Compensation proceedings concern the value of the property and the losses caused by the transfer. Requesting higher compensation does not automatically lead to the cancellation of the project. Conversely, raising an irregularity in submissions concerning an expert assessment does not replace an application for annulment filed within the applicable time limit.

Under Article 23 of Law No. 41-90, an application for annulment on grounds of misuse of authority must, in principle, be filed within sixty days following publication or notification of the administrative decision. The starting date may be open to discussion where the owner has received no individual notice, but it would be dangerous to wait. A prior administrative appeal may affect the deadline if it is properly filed. Its impact must be verified on a case-by-case basis rather than assumed.

To challenge the compensation, the owner must appear in the expropriation proceedings, submit evidence of title and request an inter partes valuation. A judgment determining compensation may be challenged through the remedies provided by Law 7-81 and the rules of administrative procedure. The appeal is brought before the competent administrative court of appeal established by Law No. 80-03. The available remedies against the transfer itself and against the possession order are more limited; the decision received must be identified precisely before any action is taken.

A properly prepared application includes the land title or deeds of ownership, a recent certificate of ownership, the published acts, notices, parcel plan, planning documents and a reasoned valuation. For a business activity, the lease, commercial register, tax returns and accounts must also be provided. The application is filed with the registry of the competent administrative court, and representation by a lawyer is, in contentious practice, the rule that should be observed. A sworn translation may be required for foreign documents belonging to a Moroccan residing abroad.

Retransfer is a separate remedy. Article 43 of Law 7-81 allows former owners or their successors in title to request the return of property where it has not been used for the stated purpose under the conditions and within the time limits prescribed by law. This action requires an examination of the transfer date, the actual use and any authorised changes to the project. It generally entails repayment of the compensation in accordance with the terms determined by law or by the court. Legal advice should be sought without waiting several years after discovering that the project has been abandoned.

The minimum case file includes a copy of the identity card, the land title or melk deeds, a recent certificate of ownership, the cadastral plan, inheritance documents and the notices received. Building permits, plans, work invoices, leases, photographs and evidence of economic use must be added. To quantify the value, gather comparable sales references, the development plan and a valuation report. An incomplete file may result in the amount remaining on deposit for a prolonged period even when the amount of compensation is no longer disputed.

There is no mandatory national fee scale for lawyers or private experts. In practice in 2025-2026, a court-ordered property valuation may require an advance of approximately 5,000 to 30,000 dirhams, depending on the area, number of plots and complexity; the amount is set by the court. Lawyers’ fees for a complete first-instance case are often between 10,000 and 50,000 dirhams, excluding appeals, expert assessments and taxes, depending on the stakes involved. These ranges are based on professional practice, not an official fee scale.

Court registry fees and costs are assessed according to the nature of the claim, Law No. 23-86 concerning legal costs and the financial legislation in force. It would be imprudent to state that there is a universal stamp duty of 200 or 500 dirhams for every administrative action. The court registry and lawyer must prepare an up-to-date statement before filing. Certificates, plans, bailiff’s reports, translations and land registry copies also generate costs. The deposit of compensation by the expropriating authority is not a fee charged to the owner.

As for time limits, the administrative inquiry lasts two months, and the transferability order allows the matter to be referred to the court for two years. An application for annulment must, in principle, be filed within the sixty-day time limit under Article 23 of Law 41-90. An expert assessment may take several months. Compensation proceedings often take twelve to thirty-six months at first instance, and longer in the event of an appeal; this estimate based on 2025-2026 practice varies significantly according to the court, the number of rights holders and issues arising during the expert assessment.

The most costly mistakes are signing without an expert assessment, waiting for work to begin, confusing an application for annulment with a compensation claim, or submitting only property listings. The absence of a land title does not extinguish the right to compensation, but it requires ownership to be proved by other means and often delays payment. The lawyer checks publications, calculates deadlines, appoints an expert and prepares observations on the court expert’s report. Their involvement is particularly useful before any final release is signed or as soon as a procedural defect is discovered.